Reader’s Question:

I almost got caught drunk driving last week here in California and when I told my friends about it, one of them told me to add SR22 in my car insurance. There are many hat I can’t understand just like what is SR22? Why do I have to include it in my car insurance and how does it work?

Cole

San Diego, CA

Many people have been wondering why someone who usually goes home under the influence of alcohol or drunk should need a SR22. SR22 is a document given out by your Insurance Company in which you are assured that the California Department of Motor Vehicles has given you the required minimum liability coverage.

If a driver has gotten his/her license suspended, the driver is required to get a SR22 Filing to restore the drivers’ license. Drunk driving is not the only reason for your license to be suspended but also unpaid traffic tickets and parking violations. In order for a driver to get an SR22, they should get the minimum liability coverage to all of their cars. You have three years for SR22 Filing but this depends on how harsh your situation is. With regards to your driver’s license, you have to call Department of Motor Vehicle to know when it is going to be restored and how much would it cost you. The Car Insurance Company will be able to get you how much would your SR22 and your car insurance upon receiving the report on your driving record. And after calculating and agreeing how much you will have to pay for your SR22 Filing.

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Reader’s Question:

How long do I have to carry an SR-22 insurance in California, for a DUI conviction?

Joe

El Cajon, CA

After a DUI conviction normally in California one must file and carry an SR-22 for a period of three years. The amount of time the El Cajon California SR22 must be maintained by a driver may vary depending upon their conviction and if there were other issues surrounding in the case, such as driving uninsured.

If you are required to carry an SR22 insurance due to a DUI in CA you may contact the California Department of Motor Vehicles to know exactly how long you are required to maintain it.

If you had been convicted of driving under the influence of drugs and/or alcohol (DUI) you would have to go through the following steps to have license reinstated:

  • Complete a mandatory suspension period.
  • Pay to DMV a reissue fee .
  • File Proof of Financial Responsibility SR 22
  • File a Notice of Completion Certificate (DL 101)
  • Pay fines to the court.
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Reader’s Question:

How many years does a wet reckless remain on your driving record for in  California? Is it the same with DUI?

Amy

Arcadia, CA

Under the new California legislation law, any DUI violation under CA Vehicle Code will report for ten years. There are some other non-DUI violations such as wet reckless that will report to courts and police for ten years and may count against you for the purpose of determining increased penalties for repeat violators, but will continue to appear on a public driving record for only seven years.

So the new California law does effect your wet reckless violation in Arcadia CA but it appears a wet reckless is better for you than a DUI offense in the sense that it will only appear to your public driving record (the one employers and insurance carriers see) for seven years though the state of CA can continue to count it against you for ten years.

You may contact the California Department of Motor Vehicles (DMV) for more information with regards to your driving record and how the wet reckless violation affects it.

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Reader’s Question:

I got two DUI conviction this year and last year. What will happen if I get pulled over by a law enforcement officer and I have no proof that I am driving for work in Alameda?? I live in Alameda CA.

Richard

Alameda, CA

In California a restricted license granter after a 2nd DUI conviction has guidelines that you need to abide. The California law states that the restriction of the driving privilege shall be limited to the hours needed for

  • driving to and from the place of employment,
  • driving during the course of employment, and
  • driving to and from activities required in the driving-under-the-influence program.

The California Department of Motor Vehicles states that they may suspend or revoke the drivers license,once they receive satisfactory proof of any conviction of the restrictions of a driver’s license .

Therefore if you get caught driving outside your restrictions your driving privileges may be taken away again. The CA DMV should be able to give you information if there will be additional fines and penalties given to you by the judge or courts if you are stopped in Alameda and cannot prove you are driving within your restrictions.

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Reader’s Question:

I’m only 14 years old and I really don’t understand the legalities of my brother’s DUI case here in San Diego, California. He told me that he was given a pink paper or something, what is this?

Elbert

San Diego, CA

During your brother’s DUI arrest in  California, the police officer has taken away his California driver’s license and gave him a pink form that is entitled “Suspension Order and Temporary License.” This is a form that would serve as your brother’s temporary license and notice that this temporary license would automatically go into suspension in 30 days unless a hearing on the driver’s license is requested with the California Department of Motor Vehicles (DMV).

Your brother would have 10 calendar days to contact the DMV and request for a hearing. Once the hearing is requested, the driver’s license suspension would automatically be postponed pending the outcome of the DMV hearing. Your brother could be able to choose an in-person DMV hearing or a phone hearing. It would always be better that they request a live hearing. This DMV hearing would be very important on your brother’s DUI case because it would give them a preview of his DUI trial.

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Reader’s Question:

My cousin from Nevada was charged with DUI here in Berkeley, California and his out-of-state license was confiscated by the police officer. Is there a different DUI case process for out-of-state drivers? How can he get his home state license and will Nevada know if he will be convicted for DUI?

Valentin

Berkeley, CA

For people or drivers who are out of state visiting the state of California, DUI laws remain the same. If an out of state driver is arrested for DUI, that person will go through a similar criminal DUI process just like an in-state driver does. The process began when your cousin was arrested and the police officer confiscated his driver’s license. Since his license was confiscated, he was issued a temporary license that is valid for 30 days. He must schedule an Administrative hearing with the California Department of Motor Vehicles (DMV) within 10 days of his arrest. If he fails to schedule a meeting with the DMV, it could result to automatic suspension of his California driving privileges.

If your cousin will be convicted for his DUI charge in Berkeley, California, the state of Nevada will know about this. There is an Interstate Driver’s License Compact (IDLC) which is an agreement between 45 states to communicate about driving-related crimes which include DUI crimes. The states of California and Nevada are part of this agreement so California will notify your cousin’s home state of his non-residential DUI conviction.

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Reader’s Question:

I have a DUI conviction in Fresno, California and luckily, my insurance company was able to give me coverage. But I’m just curious, what could be the reasons that an insurance company would not provide insurance for me anymore and how long do I have to carry the SR22 insurance?

Derek

Fresno, CA

Because of your DUI conviction in Fresno, California, you would have to carry the SR22 car insurance for a minimum of three years. This is a type of car insurance required by the California Department of Motor Vehicles (DMV) and the courts for drivers after a DUI-related offense. The SR22 form serves as an agreement between the DMV and your SR22 provider that requires the insurance company to immediately notify the DMV if the insurance company is no longer providing insurance for the driver anymore.

One of the reasons why an insurance company may not be able to provide insurance anymore is because of a lapse in coverage. Your SR22 insurance could lapse due to missing a payment or being late making a payment. The other reason could be a termination of your coverage. If your insurance company decides that you are too high of a risk due to maybe another accident or and/or DUI offense. One other reason is that if you switch SR22 providers. Even if you switch provider for your SR22 insurance, your insurance company is still required to file a Notice of Cancellation of California Insurance Proof Certificate.

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Reader’s Question:

My auto insurance company does not provide insurance for me anymore because of lapse in the coverage. I have already missed several payments. I have a DUI conviction in California and I’m seriously in need of an insurance company which will cover my SR22 insurance policy. Who will provide my SR22 now?

Ronald

Sacramento, CA

A California SR22 insurance policy is a type of car insurance policy required for California drivers by the California Department of Motor Vehicles and the courts after DUI related offense. In the state of California, it is required for a minimum of 3 years after a drunk driving conviction.

The SR22 insurance policy serves as an agreement between the CA DMV and the SR22 provider that requires the insurance company to immediately notify the CA DMV should the insurance company not be providing insurance for the driver anymore.

Most likely, the larger national auto insurance companies don’t do SR22 policies for two main reasons. First is that they don’t like to assume the risk that ‘high risk’ policies involve. Second is that they don’t want to deal with the extra paperwork and regulations required of insurance companies that handle SR22 insurance policies. The only other option left for you now is that you would have to seek out smaller companies and insurance brokers who specialize in this type of insurance.

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